foreign employee dormitories act 2015 (no. 3 of 2015) · 2015-11-29 · 1. this act may be cited as...

FOREIGN EMPLOYEE DORMITORIES ACT 2015

(No. 3 of 2015)

ARRANGEMENT OF SECTIONS

PART 1

PRELIMINARY

Section

1. Short title and commencement2. General interpretation3. Premises to which Act applies4. Purpose of Act5. Interface with other laws6. Appointment of Commissioner, etc., and dormitory inspectors

PART 2

LICENSING OF FOREIGN EMPLOYEE DORMITORY OPERATORS

7. Licence needed to operate foreign employee dormitory, etc.8. Application for licence to operate foreign employee dormitory9. Grant of licence, etc.10. Validity and renewal of licence, etc.11. Conditions of licence12. Modification of conditions of licence13. Compliance directives14. Suspension or revocation, etc., of licence15. Business restriction directive16. Disqualification from holding licence17. Restriction on transfer of licence18. Annual returns of foreign employee dormitory19. Codes of practice or standards of performance20. Notice of stoppage of use as foreign employee dormitory21. Register

PART 3

APPEALS

22. Appeal to Minister

Informal Consolidation – version in force from 1/1/2999

Section

23. Designation of persons to hear appeals

PART 4

ENFORCEMENT

24. Powers of entry, etc., for enforcement purpose25. Power to arrest26. Offence of providing false information, etc.27. Offences by bodies corporate, etc.28. Composition of offences

PART 5

MISCELLANEOUS

29. Foreign employee dormitory deemed to be public place30. Service of documents31. Protection from personal liability32. General exemption33. Jurisdiction of courts34. Regulations35. Transitional and savings provision

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An Act to provide for the regulation of operators of dormitories forforeign employees and for matters connected with or incidental tothat.

Be it enacted by the President with the advice and consent of theParliament of Singapore, as follows:

FOREIGN EMPLOYEE DORMITORIES 3


PART 1

PRELIMINARY

Short title and commencement

1. This Act may be cited as the Foreign Employee Dormitories Act2015 and shall come into operation on such date as the Minister may,by notification in the Gazette, appoint.

General interpretation

2.—(1) In this Act, unless the context otherwise requires —

“boarding premises” means premises (or a complex of premises)that —

(a) provide boarders or lodgers with a principal place ofresidence;

(b) may have shared facilities (such as a communal livingroom, bathroom, laundry or kitchen) or services that areprovided to boarders or lodgers, or both; and

(c) have rooms (some or all of which may have privatekitchen or bathroom facilities) that accommodate one ormore boarders or lodgers;

“business restriction directive” means regulatory action referredto in section 14(2)(b)(iii);

“code of practice” or “standard of performance”means a code ofpractice or standard of performance issued or approved undersection 19;

“Commissioner” means the Commissioner for ForeignEmployee Dormitories appointed under section 6(1), andincludes any Deputy Commissioner for Foreign EmployeeDormitories or Assistant Commissioner for ForeignEmployee Dormitories delegated under section 6(5) toexercise the Commissioner’s powers or duties under this Act;

“compliance directive” means a directive issued undersection 13;

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“dormitory inspector”, in relation to any provision of this Act,means —

(a) the Commissioner;

(b) any Deputy Commissioner for Foreign EmployeeDormitories and any Assistant Commissioner forForeign Employee Dormitories; and

(c) any individual appointed under section 6(3) andauthorised under section 6(5) or other provision inthis Act to perform any duty or exercise any powerunder that provision;

“foreign employee” means a foreigner —

(a) who seeks employment, or is employed to work, inSingapore but excludes a self‑employed foreigner; or

(b) whose employment in Singapore has expired or hasbeen terminated (whether or not for justified reasons)and is authorised under the Immigration Act (Cap. 133)to remain in Singapore;

“foreign employee dormitory” has the meaning given insection 3(1);

“foreigner” means an individual who is neither a citizen nor apermanent resident of Singapore;

“licence” means a licence granted under section 9(1)(a)authorising a person to operate the boarding premisesspecified in the licence as a foreign employee dormitory;

“licensed operator” means the person to whom a valid licence isgranted under section 9(1)(a);

“manager”, in relation to boarding premises or a foreignemployee dormitory, means an individual who isresponsible for the day‑to‑day control and supervision ofthe operations of the boarding premises or foreign employeedormitory;



“modification” and “modify”, in relation to the conditions of alicence, include deleting or varying and substituting acondition, and adding a condition;

“occupancy agreement”, in relation to boarding premises, meansan agreement (written or unwritten) —

(a) to which a proprietor or an operator of the boardingpremises (or a person acting on behalf of the operator) isa party; and

(b) under which a foreign employee is provided one ormore beds or rooms, or spaces within a room, in theboarding premises to occupy as a resident of thosepremises;

“occupancy load”, for any premises, means the prescribedmaximum number of individuals permitted by law toordinarily occupy those premises at any one time;

“operate”, in relation to any boarding premises, means managingand maintaining, in the course of a business, the boardingpremises (whether self‑owned or under lease) as a foreignemployee dormitory, for residents who may or may not beemployees of the operator;

“premises” means a building or structure (whether permanent ortemporary) or part of such a building or structure, andincludes any immediately adjoining space or land necessaryfor access to, or the enjoyment of residents of, the building orstructure;

“proprietor”, in relation to any premises that are leased or aresubject to a tenancy or licence to occupy, includes the ownerof the premises who is the lessor or grantor of the licence tooccupy;

“public authority” means a body established or constituted by orunder a public Act to perform or discharge a public function;

“Register” means the register of licensed operators of foreignemployee dormitories kept under section 21;

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“relative”, in relation to an individual, includes any of thefollowing:

(a) another individual who is the spouse of the individual;

(b) another individual who is the parent, step‑parent, son,daughter, step‑son, step‑daughter, grandparent,grandchild, brother, sister, step‑brother, step‑sister,uncle, aunt, niece or nephew (whether by blood,marriage or adoption) of the individual;

(c) another individual who is the guardian or ward of theindividual;

“resident”, in relation to boarding premises (whether or not aforeign employee dormitory), means any individual whooccupies or enjoys a right to occupy one or more beds orrooms, or spaces within a room, in those premises as theindividual’s main or only residence in Singapore, andincludes any resident who is a proprietor or manager ofthose premises or relatives of the proprietor or manager.

(2) For the purposes of the definition of “boarding premises” insubsection (1), the Commissioner may determine whether buildings,structures or facilities are to be regarded as a single complex ofpremises.

Premises to which Act applies

3.—(1) Subject to subsection (2), in this Act, “foreign employeedormitory” means any boarding premises that —

(a) provides the threshold number of beds or higher for use byresidents who are foreign employees;

(b) provides accommodation to the threshold number of residentswho are foreign employees or higher; or

(c) has the prescribed occupancy load and providesaccommodation substantially to foreign employees.

(2) However, this Act does not apply to —

(a) premises that are used as a hotel, an inn, a hostel or a bed andbreakfast accommodation;



(b) a serviced apartment, being a building or part of a buildingthat is used to provide self‑contained tourist or visitoraccommodation that is regularly cleaned by or on behalf ofthe proprietor or manager;

(c) premises for the reception, lodging and care of aged ordisabled persons, or persons suffering or convalescing fromany sickness, injury or infirmity, including but not limited to aconvalescent home or nursing home but excluding a sick bayor similar facility within any boarding premises;

(d) a student hostel or hall of residence for the accommodation ofstudents;

(e) a house;

(f) a self‑contained residence that is a flat or an apartment(consisting of a suite of rooms) forming a portion of abuilding;

(g) any prison where an individual is incarcerated to serve asentence of imprisonment, any other place where a prisonermay serve his or her sentence of imprisonment outside of aprison, or premises for the purposes of detaining individualsserving orders of detention under any written law, whether ornot for their rehabilitation or safety;

(h) any vessel used as boarding premises for employees inconnection with their work or employment on or relating tothe vessel;

(i) premises used for crisis accommodation that is provided by oron behalf of the Government or a public authority; and

(j) any boarding premises specified or described by the Minister,by order published in the Gazette, as not to be treated asforeign employee dormitories.

(3) In this section, “threshold number” means 1,000 or such lowernumber as the Minister may, by notification published in the Gazette,prescribe in substitution.

(4) Any notification made under subsection (3) prescribing a lowerthreshold number in substitution may contain such saving,

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transitional, incidental or consequential provisions as the Ministerconsiders necessary or proper.

(5) Every order and notification made under subsections (2)(j) and(3), respectively, must be presented to Parliament as soon as possibleafter publication in the Gazette.

Purpose of Act

4. The purpose of this Act is to provide a regulatory framework forthe provision of facilities and amenities, and the delivery of services,to residents of foreign employee dormitories who are foreignemployees by —

(a) providing for the licensing of operators of foreign employeedormitories;

(b) providing for certain accommodation standards to beobserved with respect to the accommodation of residents offoreign employee dormitories and for the appropriatemechanisms for the enforcement of those standards; and

(c) promoting the sustainability of, and continuousimprovements in, the provision of services at foreignemployee dormitories.

Interface with other laws

5. Nothing in this Act derogates from any requirement imposed byor under —

(a) the Building Control Act (Cap. 29);

(b) the Control of Vectors and Pesticides Act (Cap. 59);

(c) the Environmental Public Health Act (Cap. 95);

(d) the Fire Safety Act (Cap. 109A);

(e) the Planning Act (Cap. 232); or

(f) any other prescribed written law with respect to the use ofpremises as, or the provision of services to residents of,foreign employee dormitories.



Appointment of Commissioner, etc., and dormitory inspectors

6.—(1) The Minister may in writing appoint a public officer as theCommissioner for Foreign Employee Dormitories who is to beresponsible for the administration of this Act.

(2) The Minister may also appoint public officers to be DeputyCommissioners for Foreign Employee Dormitories and AssistantCommissioners for Foreign Employee Dormitories.

(3) The Commissioner may appoint as dormitory inspectors any ofthe following persons with suitable qualifications and experience toproperly exercise the powers of a dormitory inspector:

(a) a public officer;

(b) an employee of any public authority;

(c) any individual who is not a public officer or an employeereferred to in paragraph (a) or (b).

(4) The Commissioner is to issue, or cause to be issued, to eachdormitory inspector an identification card, which must be carried at alltimes by the dormitory inspector when exercising powers under thisAct.

(5) Subject to subsection (6), the Commissioner may authorise, bydelegation, the exercise of all or any of the powers conferred or dutiesimposed upon the Commissioner by or under this Act to a DeputyCommissioner for Foreign Employee Dormitories, an AssistantCommissioner for Foreign Employee Dormitories or a dormitoryinspector, except the power of delegation under this subsection.

(6) Any delegation under subsection (5) may be general or in aparticular case and may be subject to such conditions or limitations asset out in this Act or as the Commissioner may specify.

(7) The Commissioner, every Deputy Commissioner for ForeignEmployee Dormitories and Assistant Commissioner for ForeignEmployee Dormitories and every dormitory inspector is deemed to bea public servant for the purposes of the Penal Code (Cap. 224).

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PART 2

LICENSING OF FOREIGN EMPLOYEE DORMITORYOPERATORS

Licence needed to operate foreign employee dormitory, etc.

7.—(1) Unless exempted under section 32, a person must notoperate any boarding premises as a foreign employee dormitoryexcept under the authority of a valid licence for those premises.

(2) Unless exempted under section 32, a proprietor of boardingpremises must not use (or permit the use of) the premises as a foreignemployee dormitory unless those premises are used as such by alicensed operator holding a valid licence relating to those premises.

(3) A person who contravenes subsection (1) or (2) shall be guilty ofan offence and shall be liable on conviction —

(a) to a fine not exceeding $500,000 or to imprisonment for aterm not exceeding 2 years or to both; and

(b) in the case of a second or subsequent conviction, to a fine notexceeding $1 million or to imprisonment for a term notexceeding 4 years or to both.

(4) It is a defence in proceedings for an offence under subsection (3)for contravening subsection (2) if the proprietor of boarding premisessatisfies the court, on a balance of probabilities, that the proprietor didnot know, and could not reasonably have been expected to know, thatthose premises were being used as a foreign employee dormitoryotherwise than by the holder of a valid licence relating to thosepremises.

(5) An offence under subsection (1) or (2) is an arrestable offence.

(6) To avoid doubt, nothing in subsection (2) affects the law relatingto abetment of offences.

Application for licence to operate foreign employee dormitory

8.—(1) An application for a licence is to be made to theCommissioner in such form and manner as the Commissioner maydetermine, and must be accompanied by an application fee ifprescribed.



(2) An application for a licence to operate any boarding premises asa foreign employee dormitory must state —

(a) the name and the residential or business address of eachproprietor of the premises;

(b) the name (if any) and the address of the premises;

(c) the number of residents or prospective residents of the foreignemployee dormitory who are foreign employees;

(d) the total number of beds provided as sleeping accommodationfor those residents or prospective residents;

(e) whether the written permission or authorisation required bythe Planning Act (Cap. 232) for the development of thepremises has been granted or deemed granted;

(f) the identity of and other particulars about the individual whois to be the manager of the foreign employee dormitory;

(g) the prescribed particulars and information; and

(h) such other particulars and information the Commissioner mayrequire in any particular case.

(3) If the Commissioner receives an application for a licence for anyboarding premises, the Commissioner may carry out, or arrange to becarried out by dormitory inspectors, such investigations and inquiriesin relation to the application as the Commissioner considers necessaryfor a proper consideration of the application.

(4) A dormitory inspector may, for the purpose of making aninvestigation or inquiry relating to an application for a licence tooperate boarding premises as a foreign employee dormitory —

(a) at any reasonable time;

(b) after declaring his or her office and after producing his or heridentification card on demand being made; and

(c) with such assistants as may reasonably be required,

enter those premises and exercise any powers referred to insubsection (5).

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(5) The powers for the purposes of an investigation or inquiry undersubsection (4) are —

(a) to inspect the premises and any equipment, vehicle or otherthing at the premises;

(b) to photograph or film, or make audio recordings or makesketches of, any part of the premises or anything at thepremises;

(c) to inspect and make copies of, or take extracts from (withoutfee or reward) any document kept at the premises;

(d) to take any document or any other thing at the premises; and

(e) to ask any individual at the premises —

(i) to answer a question to the best of that person’sknowledge, information and belief; or

(ii) to take reasonable steps to provide information orproduce a document.

(6) A power under subsection (5)(a), (b), (c) or (d) is limited to adocument or thing that is used or likely to be used in the managementor operation of the premises as a foreign employee dormitory.

(7) Without limiting subsection (5) —

(a) a dormitory inspector exercising functions under thatsubsection may be accompanied by —

(i) one or more police officers; or

(ii) one or more medical practitioners who may inspect thepremises and observe, examine and speak with anyperson apparently residing at the premises; and

(b) a dormitory inspector, in exercising his or her power undersubsection (5)(a), may also open any ground and remove anyflooring and take such measures as may be necessary toascertain the character and condition of the premises and ofany pipe, sewer, drain, wire or fitting.



Grant of licence, etc.

9.—(1) After considering any application for a licence, includingthe results of any investigation and inquiry under section 8(3), theCommissioner may —

(a) on payment of a licence fee (if prescribed), grant the licence;or

(b) refuse to grant the licence.

(2) In determining whether an applicant should be granted a licenceunder subsection (1), the Commissioner is to have regard to, and givesuch weight as the Commissioner considers appropriate to, all of thefollowing matters:

(a) whether the applicant is a suitable person to be involved in themanagement or operation of a foreign employee dormitory,and where necessary, whether the members of the board ofdirectors or committee or board of trustees or other governingbody of an applicant which is a body corporate, are alsosimilarly suitable;

(b) whether the applicant does not have (or is unlikely to have)the financial capacity to operate the boarding premises as aforeign employee dormitory;

(c) whether the boarding premises are fit to be used as a foreignemployee dormitory for reasons connected with the site,construction, accommodation, staffing or equipment, andwith building safety, fire safety and public health andsanitation requirements prescribed by or under this Act orany other written law;

(d) whether the applicant, any associate of the applicant, or wherethe applicant is a body corporate, any member of the board ofdirectors or committee or board of trustees or other governingbody of the body corporate —

(i) is disqualified by section 16 or the regulations undersection 34 from holding a licence; or

(ii) has been convicted of an offence under this Act;

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(e) whether it is otherwise contrary to the public interest for thelicence to be granted to the applicant.

(3) To avoid doubt, the Commissioner is not confined toconsideration of the matters specified in subsection (2) and maytake into account such other matters and evidence as may be relevant.

(4) For the purposes of subsection (2)(d), a person is an associate ofanother if the person has a relationship with the other in a mannerprescribed.

Validity and renewal of licence, etc.

10.—(1) Every licence granted under this Act is to be in such formas the Commissioner may determine.

(2) Every licence granted or renewed under this Act is to continue inforce for such period as may be specified in the licence (not exceeding3 years), unless it is earlier revoked or suspended under section 14 orearlier terminated under section 20.

(3) The Commissioner may, on the application of a licensedoperator to renew the licence —

(a) grant a renewal of the licence on payment of a renewal fee orlate renewal fee (if prescribed) with or without adding to,deleting from or varying conditions of the licence; or

(b) refuse to renew the licence.

(4) An application to renew a licence must be made no later than3 months before the date of expiry of the licence (or such longerperiod as may be prescribed in substitution), unless otherwise allowedby the Commissioner in any particular case which is to be treated as alate renewal application.

(5) Sections 8 and 9 apply, with the necessary modifications, toevery application to renew a licence as if the application is for a grantof the licence.

(6) To avoid doubt —

(a) a licence does not cease only by reason that the boardingpremises to which it relates stops being a foreign employeedormitory; and



(b) section 12 does not apply to or in relation to granting arenewal of a licence with additional, deleted or variedconditions of the licence.

Conditions of licence

11.—(1) In granting a licence to any person to operate any boardingpremises as a foreign employee dormitory, the Commissioner mayimpose such conditions as the Commissioner considers requisite orexpedient having regard to the purposes of this Act.

(2) Without prejudice to the generality of subsection (1), a licence tooperate any boarding premises as a foreign employee dormitory mayinclude conditions requiring the licensed operator concerned —

(a) to meet all the following standards prescribed, or specified inthe licence in so far as they are not prescribed:

(i) standards for facilities and services provided toresidents including, but not limited to, standards forthe maintenance, cleanliness, water supply, sanitationand hygiene of those premises and standardsconcerning the physical and mental welfare, socialactivities, personal protection and meals of foreignemployees who are resident;

(ii) standards for accommodation provided to residentsincluding, but not limited to, standards concerningbedrooms, bathrooms and other rooms or spaceswithin rooms that are occupied or used by residents;

(iii) standards to prevent overcrowding;

(b) to prepare to deal with any public emergency;

(c) to furnish to the Commissioner financial informationincluding accounts in respect of such period and on suchbasis as may be specified;

(d) to furnish persons specified in the licence or theCommissioner, in such manner and at such times as may besimilarly specified, with such information as appears to theCommissioner to be requisite or expedient for the purpose offacilitating the exercise by those persons or the Commissioner

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of the functions or duties assigned to them or as may bereasonably required for that purpose; and

(e) to provide or further provide a performance bond, guaranteeor other form of security on such terms and conditions as theCommissioner may determine, of such amount as theCommissioner considers appropriate.

(3) A licensed operator who contravenes or fails to comply with acondition of the licensed operator’s licence shall be guilty of anoffence and shall be liable on conviction to a fine not exceeding$50,000 or to imprisonment for a term not exceeding 12 months, or toboth, for each condition that is contravened or not complied with.

Modification of conditions of licence

12.—(1) Subject to this section, it is lawful for the Commissioner tomodify the conditions of a licence without compensating the licensedoperator concerned.

(2) Before modifying any conditions of a licence, the Commissionermust, unless subsection (5) applies, give notice to the licensedoperator holding that licence —

(a) stating that the Commissioner proposes to make themodification in the manner as specified in the notice; and

(b) specifying the time (being not less than 14 days from the dateof service of notice on the licensed operator) within which thelicensed operator may make written representations to theCommissioner with respect to the proposed modification.

(3) Upon receiving any written representation referred to insubsection (2), the Commissioner must consider that representationand may —

(a) reject the representation;

(b) amend the proposed modification in such manner as theCommissioner thinks fit having regard to the representation;or

(c) withdraw the proposed modification and reinstate the licencecondition without modification.



(4) Where —

(a) the Commissioner rejects any written representation undersubsection (3)(a);

(b) the Commissioner amends any proposed modification to theconditions of the licence under subsection (3)(b); or

(c) no written representation is received by the Commissionerwithin the time specified in subsection (2)(b), or any writtenrepresentation made under that subsection is subsequentlywithdrawn, and the licensed operator has not given immediateeffect to the modification,

the Commissioner is to issue a direction in writing to the licensedoperator in question requiring the licensed operator, within the timespecified by the Commissioner, to give effect to the modification asspecified in the notice under subsection (2) or as amended by theCommissioner under subsection (3), as the case may be.

(5) However, where the Commissioner considers that it isimpracticable or undesirable, in the circumstances of the particularcase because of danger or risk to the security and good order within, orto the safety and health of the residents of, a foreign employeedormitory for him or her to give notice under subsection (2) beforemodifying the conditions of a particular licence, the Commissionermay, without compensating the licensed operator concerned, and bygiving notice to that licensed operator, modify the conditions of theparticular licence with immediate effect.

(6) The licensed operator whose licence conditions have beenmodified with immediate effect under subsection (5) may, within7 days after the Commissioner has given notice under subsection (5),apply to the Commissioner to review his or her decision.

(7) On reviewing his or her decision under subsection (6), theCommissioner may —

(a) confirm his or her decision; or

(b) delete or vary the modified licence condition, or reinstate thelicence condition without modification, with effect from such

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date specified, without compensating the licensed operatorconcerned,

and there is to be no further review.

(8) An application to review the Commissioner’s decision does notaffect the operation of the decision under subsection (5) or prevent thetaking of action to implement that decision, and unless otherwiseallowed by the Commissioner, the decision to be reviewed must becomplied with unless the determination of the review indicatesotherwise.

Compliance directives

13.—(1) The Commissioner may (without compensation) give acompliance directive if the Commissioner —

(a) considers that the duties imposed by or under this Act inconnection with the management of the business of operatingboarding premises as a foreign employee dormitory, or theoperations of a foreign employee dormitory, are being carriedout in a careless or incompetent manner;

(b) is satisfied that a licensed operator has contravened or failedto comply with any condition of the licensed operator’slicence, or any code of practice or standard of performanceapplicable to the licensed operator, and that the contraventionor non‑compliance may be rectified; or

(c) has reasonable grounds to believe —

(i) that there is a serious and imminent threat or risk to thesafety and health of the residents of any boardingpremises specified in a licence; or

(ii) that the occurrence within or outside Singapore of anycivil unrest, hostilities, war, election or other event(whether or not of a similar kind) may occasiondisorder within any boarding premises specified in alicence, or cause feelings of ill‑will or hostilitybetween, by or with such residents,

and that a compliance directive is appropriate or requisite toavoid any actual or imminent occurrence that endangers the



safety or health of those residents, to prevent disorder orpreserve the safety of those residents, or to avoid seriousdisruptions to the community in the vicinity of any boardingpremises specified in a licence, as the case may be.

(2) A compliance directive may be given to either or both thefollowing:

(a) a licensed operator in respect of any boarding premisesspecified in its licence;

(b) the proprietor of the boarding premises operated as a foreignemployee dormitory by a licensed operator where theCommissioner receives a statutory declaration from thelicensed operator under subsection (7) and is satisfied thatcompliance by the licensed operator with the compliancedirective requires the permission or other co‑operation of thatproprietor.

(3) A compliance directive given under subsection (1) —

(a) may require the licensed operator or proprietor concerned(according to the circumstances of the case) to do, or to refrainfrom doing, such things as are specified in the directive or areof a description as specified therein;

(b) is to take effect at such time, being the earliest practicabletime, as is determined by or under that directive; and

(c) may be revoked at any time by the Commissioner.

(4) Without limiting subsection (3)(a), a compliance directive —

(a) may include the measures to be taken to remedy anycontravention or non‑compliance to which the directiverelates or to otherwise comply with the directive;

(b) may offer the licensed operator or proprietor to whom it isgiven a choice of ways in which to remedy the contraventionor non‑compliance or to comply with the directive;

(c) may order the licensed operator or proprietor to stop theboarding premises being used as a foreign employeedormitory for a period not exceeding 3 months in order to

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deal with a serious and imminent threat or risk to the safetyand health of the residents of those boarding premises; and

(d) where the circumstances in subsection (1)(c) apply, may orderthe licensed operator to check or control the movement ofresidents in those boarding premises, including restrictingentry to and exit from those premises.

(5) Every licensed operator or proprietor of a foreign employeedormitory must comply with every compliance directive given underthis section to the licensed operator or proprietor, as the case may be,as soon as it takes effect.

(6) Without prejudice to the right of the Commissioner to exercisethe powers under subsection (8) —

(a) the licensed operator of a foreign employee dormitory who,without reasonable excuse, contravenes or fails to complywith a requirement imposed by a compliance directive givento the licensed operator (whether or not the same directive isalso given to a proprietor); or

(b) the proprietor of a foreign employee dormitory who, withoutreasonable excuse, contravenes or fails to comply with arequirement imposed by a compliance directive given to theproprietor (whether or not the same directive is also given to alicensed operator),

shall be guilty of an offence and shall be liable on conviction to a finenot exceeding $50,000 or to imprisonment for a term not exceeding12 months or to both and, in the case of a continuing offence, to afurther fine not exceeding $10,000 for each day or part thereof theoffence continues after conviction.

(7) A licensed operator given a compliance directive to demolish,renovate or otherwise alter any part of the premises specified in thelicence of the licensed operator may, within 7 days after receiving thedirective, provide the Commissioner a statutory declaration stating—

(a) a statement that by reason of any arrangements (by contract orotherwise) with the proprietor of the boarding premisesoperated as a foreign employee dormitory, the licensedoperator is not entitled to do, or to refrain from doing, such



things as are specified or described in the compliancedirective, and describing those arrangements; and

(b) the name and address of the proprietor.

(8) If a compliance directive is not complied with to his or hersatisfaction, the Commissioner may carry out or cause to be carriedout all or any of the repairs, work or alteration specified in thatdirective, and recover (as a debt due to the Government) all expensesreasonably incurred by him or her in the exercise of powers under thissubsection from the licensed operator or the proprietor of a foreignemployee dormitory in default.

(9) It shall not be necessary to publish any compliance directivegiven under this section in the Gazette, or for the Commissioner toprovide a licensed operator or proprietor reasonable opportunity to beheard before giving the licensed operator or proprietor a compliancedirective.

Suspension or revocation, etc., of licence

14.—(1) Subject to subsection (3), if the Commissioner is satisfiedthat —

(a) a licensed operator is contravening or not complying with, orhas contravened or failed to comply with —

(i) any of the conditions of the licence or any code ofpractice or standard of performance applicable to thelicensed operator; or

(ii) any provision of this Act applicable to the licensedoperator,

whether or not the licensed operator has been convicted of anoffence for the contravention or non‑compliance;

(b) the continued use of the boarding premises as a foreignemployee dormitory under the licence would constitute anunacceptable risk to the safety, welfare or well‑being ofresidents at those premises;

(c) the licensed operator has not complied with any compliancedirective or business restriction directive, whether or not the

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licensed operator has been convicted of an offence undersection 13(6) or 15(3), as the case may be;

(d) the licensed operator has gone or is likely to go intocompulsory or voluntary liquidation other than for thepurpose of amalgamation or reconstruction;

(e) the licensed operator has made any assignment to, orcomposition with, any creditors of the licensed operator; or

(f) the public interest or security of Singapore requires,

the Commissioner may take regulatory action described insubsection (2).

(2) The regulatory actions that the Commissioner may take against alicensed operator are —

(a) revoke (without any compensation) a licensed operator’slicence, with or without forfeiting any performance bond,guarantee or other form of security furnished underparagraph (b)(iv) or section 11(2)(e); or

(b) in lieu of revoking the licence, any one or more (withoutcompensation) of the following:

(i) issue a letter of censure to the licensed operator;

(ii) modify the conditions of the licensed operator’slicence;

(iii) give a business restriction directive to the licensedoperator;

(iv) require the licensed operator to furnish a performancebond, guarantee or other form of security, or anadditional performance bond, guarantee or other formof security;

(v) forfeit the whole or part of any performance bond,guarantee or other form of security furnished undersub‑paragraph (iv) or section 11(2)(e);

(vi) suspend (for not more than 6 months) the licensedoperator’s licence.



(3) Before exercising any powers under this section, theCommissioner must give written notice to the licensed operatorconcerned —

(a) stating that the Commissioner intends to take regulatoryaction against the licensed operator under this section;

(b) specifying the type of action the Commissioner proposes totake, and each instance of non‑compliance that is the subjectof the action; and

(c) specifying the time (being not less than 14 days after the dateof service of notice on the licensed operator) within whichwritten representations may be made to the Commissionerwith respect to the proposed action.

(4) The Commissioner may —

(a) after considering any written representation made inaccordance with subsection (3); or

(b) after the time delimited under subsection (3)(c) lapses if norepresentation is so made,

decide to take such regulatory action in subsection (2) as theCommissioner considers appropriate.

(5) Where the Commissioner has made any decision undersubsection (4) against any licensed operator, the Commissionermust serve on the licensed operator concerned a notice of his or herdecision.

(6) Subject to section 22(7), a decision to revoke a licence, or toimpose a regulatory action in subsection (2)(b) which is specified inthe notice given under subsection (5), is to take effect from the date onwhich that notice is given, or on such other date as may be specified inthe notice.

(7) The revocation or suspension of any licence does not prejudicethe enforcement by any person of any right or claim against thelicensed operator or former licensed operator, or by the licensedoperator or former licensed operator of any right or claim against anyperson.

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(8) In any proceedings under this section in relation to theconviction of a licensed operator for a criminal offence, theCommissioner is to accept the licensed operator’s conviction asfinal and conclusive.

Business restriction directive

15.—(1) A business restriction directive may include a direction to alicensed operator to do one or more of the following:

(a) not to enter into an occupancy agreement for the purpose ofany foreign employee becoming a new resident of theboarding premises specified in the licensed operator’s licence;

(b) not to enter into, or renew or extend, an occupancy agreementthat enables a foreign employee to continue as a resident ofthe boarding premises specified in the licensed operator’slicence;

(c) not to enter into, or renew or extend, an occupancy agreementreferred to in paragraph (a) or (b) except in accordance withsuch terms as the Commissioner may specify;

(d) not to accept anyone as a new resident of the boardingpremises specified in the licensed operator’s licence;

(e) not to allow anyone to continue as a resident of the boardingpremises specified in the licensed operator’s licence if theoccupancy agreement for that individual expires or lapses;

(f) to inform the proprietor of the boarding premises specified inthe licensed operator’s licence of any directions inparagraph (a), (b), (c), (d) or (e) to the licensed operator,where the licensed operator is not also the proprietor.

(2) Any purported entry, renewal or extension of an occupancyagreement in contravention of a business restriction directive is voidand of no effect.

(3) A licensed operator who, without reasonable excuse,contravenes or fails to comply with a requirement imposed by abusiness restriction directive shall be guilty of an offence and shall beliable on conviction to a fine not exceeding $50,000 or toimprisonment for a term not exceeding 12 months or to both.



Disqualification from holding licence

16.—(1) Where a licence to operate boarding premises as a foreignemployee dormitory is revoked under section 14, the person who wasthe holder of that licence is also disqualified, for such period as may bespecified by the Commissioner —

(a) from holding a licence for the same premises or such otherpremises, as the Commissioner is to specify in the order; and

(b) from being a manager of those premises as a foreignemployee dormitory or any foreign employee dormitory.

(2) Any licence obtained by a person while disqualified by an orderof the Commissioner under this section from obtaining such a licenceis of no effect.

Restriction on transfer of licence

17.—(1) No licence is to be transferred or assigned to any personwithout the prior consent in writing of the Commissioner.

(2) Any purported transfer or assignment of a licence incontravention of this section is void and of no effect.

(3) Any consent under subsection (1) may be given subject tocompliance with such conditions as the Commissioner thinks fit toimpose, which may, subject to section 12, include conditionsmodifying, or requiring or otherwise providing for the making ofmodifications to, the conditions of the licence.

Annual returns of foreign employee dormitory

18.—(1) A licensed operator must, within the prescribed periodafter the end of the annual reporting period for the boarding premisesspecified in the licensed operator’s licence, give notice to theCommissioner of the changes, if any, as at the end of that reportingperiod, in any of the particulars referred to in section 8(2).

(2) In subsection (1), “annual reporting period” for boardingpremises specified in a licence, is the period of 12 months startingon the date the licence for those premises was granted or the lastanniversary of that date, whichever is the later.

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(3) However, nothing in subsection (1) prevents any condition beingimposed on the licence for a foreign employee dormitory requiring thegiving of particulars to the Commissioner for the purposes of this Acton a more frequent basis than annually.

(4) A licensed operator who contravenes subsection (1) shall beguilty of an offence and shall be liable on conviction to a fine notexceeding $10,000 or to imprisonment for a term not exceeding12 months or to both.

Codes of practice or standards of performance

19.—(1) The Commissioner may, from time to time —

(a) issue one or more codes of practice or standards ofperformance applicable to licensed operators;

(b) approve as a code of practice or standard of performanceapplicable to licensed operators any document prepared by aperson other than the Commissioner if the Commissionerconsiders the document as suitable for this purpose; or

(c) amend or revoke any code of practice or standard ofperformance issued under paragraph (a) or approved underparagraph (b),

with respect to all or any of the following:

(i) the management and operations of boarding premises as aforeign employee dormitory;

(ii) the provision of services and facilities in boarding premisesoperated as a foreign employee dormitory;

(iii) the quality of aspects of such services and facilities.

(2) A code of practice or standard of performance may, in particular,specify the duties and obligations of any licensed operator in relationto the licensed operator’s business operation in so far as it relates to theprovision of boarding premises as a foreign employee dormitory inSingapore.

(3) If any provision in any code of practice or standard ofperformance is inconsistent with any provision of this Act, suchprovision, to the extent of the inconsistency —



(a) is to have effect subject to the provisions of this Act; and

(b) having regard to the provisions of this Act, is not to haveeffect.

(4) Where a code of practice or standard of performance is issued,approved, amended or revoked by the Commissioner undersubsection (1), the Commissioner must —

(a) publish a notice of the issue, approval, amendment orrevocation, as the case may be, of the code of practice orstandard of performance in such manner as will secureadequate publicity for such issue, approval, amendment orrevocation;

(b) specify in the notice referred to in paragraph (a) the date ofissue, approval, amendment or revocation, as the case may be;and

(c) ensure that, so long as the code of practice or standard ofperformance remains in force, copies of that code or standard,and of all amendments to that code or standard, are availablefor inspection by any licensed operator of a foreign employeedormitory and any foreign employee.

(5) No code of practice or standard of performance, no amendmentto an approved code of practice or standard of performance, and norevocation of any such approved code of practice or standard ofperformance, shall have any force or effect as an approved code ofpractice or standard of performance until the notice relating thereto ispublished in accordance with subsection (4).

(6) A code of practice or standard of performance issued orapproved under this section does not have legislative effect.

(7) Subject to subsection (8), every licensed operator must complywith the relevant codes of practice and standards of performanceapplicable to the licensed operator.

(8) The Commissioner may, either generally or for such time as theCommissioner may specify, waive the application of any code ofpractice or standard of performance, or part thereof, issued orapproved under this section to any licensed operator.

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(9) Any contravention or failure to comply by a person with a codeof practice or standard of performance that applies to the person doesnot of itself render the person liable to criminal proceedings, but anysuch contravention or failure may, in any proceedings (criminal orotherwise under this Act) in connection with an offence under this Actbe relied on by any party to those proceedings as tending to establishor negative any liability which is in question in those proceedings.

Notice of stoppage of use as foreign employee dormitory

20.—(1) A licensed operator operating boarding premises as aforeign employee dormitory must not, without the prior approval ofthe Commissioner to do so —

(a) wholly and permanently cease operating the boardingpremises in its licence; or

(b) for any reason surrender the licensed operator’s licence.

(2) An application by a licensed operator for approval undersubsection (1) must be made to the Commissioner at least 28 days(or such longer period as may be prescribed in substitution)immediately before the following date, whichever being applicable:

(a) the date on which operations of the boarding premises are towholly and permanently cease;

(b) the date on which the licensed operator intends the surrenderof the licence to take effect.

(3) In granting any approval, the Commissioner may impose suchconditions as he or she thinks fit, including but not limited to directingthe licensed operator to provide assistance to foreign employees whoare residents of the boarding premises specified in the licence to findalternative accommodation in Singapore.

(4) The Commissioner may terminate a licence that is surrenderedonly upon the satisfaction of all conditions of his or her approvalimposed under subsection (3).

(5) A person who contravenes subsection (1) shall be guilty of anoffence and shall be liable on conviction to a fine not exceeding$200,000 or to imprisonment for a term not exceeding 2 years or toboth.



(6) A person who contravenes or fails to comply with any conditionimposed under subsection (3) shall be guilty of an offence and shall beliable on conviction to a fine not exceeding $20,000 or toimprisonment for a term not exceeding 2 years or to both.

Register

21.—(1) The Commissioner is to keep a Register of licensedoperators of foreign employee dormitories.

(2) The Register may be kept in such form as the Commissionerconsiders appropriate.

(3) The Commissioner may record in the Register in relation to aforeign employee dormitory —

(a) particulars of any enforcement or regulatory action taken inrespect of the foreign employee dormitory, its proprietor orlicensed operator or any of its staff; and

(b) any other particulars or information that the Commissionerconsiders appropriate or that may be prescribed.

(4) The Commissioner is to ensure that information on the Registeris kept up‑to‑date and may arrange for such information in theRegister as the Commissioner considers appropriate to be available tothe public without charge.

(5) The Register is evidence of the particulars or informationrecorded in it.

(6) A certificate signed or purporting to be signed by theCommissioner and stating that the premises named in the certificatewere or were not licensed at a specified time, or stating any otherparticulars or information recorded in the Register at a specified time,is admissible in any legal proceedings and is evidence of the mattersstated in the certificate.

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PART 3

APPEALS

Appeal to Minister

22.—(1) The former holder of the licence revoked (called theappellant) may appeal to the Minister against the decision by theCommissioner under section 14 to revoke the licence.

(2) An appeal must be in writing and specify the grounds on which itis made, and be made within a prescribed period after the date ofreceipt of the decision that is appealed against.

(3) The Minister may reject an appeal of an appellant who fails tocomply with subsection (2).

(4) After consideration of an appeal, the Minister may —

(a) reject the appeal and confirm the Commissioner’s decision; or

(b) allow the appeal and substitute or vary the Commissioner’sdecision.

(5) The Minister’s decision on an appeal is final.

(6) Every appellant must be notified of the Minister’s decision undersubsection (5).

(7) An appeal against the Commissioner’s decision does not affectthe operation of the decision or prevent the taking of action toimplement the decision, and unless otherwise directed by theMinister,the decision appealed against must be complied with until thedetermination of the appeal.

Designation of persons to hear appeals

23. The Minister may designate to hear and determine, in his or herplace, any appeals or a specific appeal under section 22 —

(a) any Minister of State or Parliamentary Secretary for his or herMinistry; or

(b) any public officer in his or her Ministry not subordinate to theCommissioner whose decision is appealed against,



and any reference in that section to the Minister includes a reference tothe Minister of State, Parliamentary Secretary or public officer sodesignated for that appeal.

PART 4

ENFORCEMENT

Powers of entry, etc., for enforcement purpose

24.—(1) A police officer or a dormitory inspector may, for anenforcement purpose, do all or any of the following in relation to anyboarding premises (whether or not a foreign employee dormitory thatis the subject of a licence):

(a) to enter and inspect, without warrant, the premises, and toinspect any equipment, vehicle or other thing at the premises;

(b) to photograph or film, or make audio recordings or makesketches of, any part of the premises or anything at thepremises and of any individual apparently residing at thepremises;

(c) to enter and search, in the day or night, the premises, if thepolice officer or dormitory inspector has reasonable cause tobelieve that evidence of the commission of an offence underthis Act can be found at those premises;

(d) to detain any individual found within those premises until thesearch of the premises is complete;

(e) to inspect and make copies of, or take extracts from (withoutfee or reward) any document kept at the premises;

(f) to take any document or any other thing at the premises if thepolice officer or dormitory inspector considers it necessary todo so for the purpose of obtaining evidence of an offenceunder this Act, including asking any individual who is able tooperate any equipment at the premises to do so for the purposeof enabling the police officer or dormitory inspector toascertain whether the equipment, or a disk, tape or otherstorage device that can be used or associated with theequipment, contains information that is relevant;

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(g) to require any person whom the police officer or dormitoryinspector has reason to believe to be in possession of anydocument (including travel documents or documents ofidentity) or information relevant to the purposes of this Actto take reasonable steps to produce the document or providethe information;

(h) to require any person whom the police officer or dormitoryinspector has reason to believe to be acquainted with any factsor circumstances relevant to the carrying out of the provisionsof this Act —

(i) to answer any question to the best of that person’sknowledge, information and belief, immediately or atsuch place and time specified in writing; or

(ii) to take reasonable steps to provide information orproduce a document, immediately or at such place andtime specified in writing;

(i) to require the manager of the premises to produce all or any ofthe residents of those premises or the occupancy agreementsfor the residents of those premises.

(2) The power to require a person to provide information or producea document under subsection (1)(g) or (h) includes the power —

(a) to require that person, or any person who is or was an officeror employee of that person, to provide an explanation of thedocument or information;

(b) if the document or information is not furnished, to require thatperson to state, to the best of his or her knowledge and belief,where it is; and

(c) if the information is recorded otherwise than in legible form,to require the information to be made available to the policeofficer or dormitory inspector in legible form.

(3) Where any document or information the production of which hasbeen required of a person under subsection (1)(h) has not beenproduced in compliance with that requirement, and the police officeror dormitory inspector concerned has reasonable grounds to believe



that the person will not attend to produce the document or informationin compliance with that requirement, the police officer or dormitoryinspector may apply to a Magistrate for the issue of a warrant to securethe attendance of that person for that purpose.

(4) If entry to any boarding premises referred to in subsection (1)cannot be obtained, a police officer or dormitory inspector may, wherethe police officer or dormitory inspector has reasonable cause tobelieve that evidence of the commission of an offence under this Actcan be found at those premises —

(a) after declaring his or her office and after producing his or heridentification card on demand being made; and

(b) with such force as is necessary to obtain entry,

break open any door or window leading to the premises, or remove byforce any obstruction to such entry or search.

(5) Without limiting subsection (1) —

(a) a dormitory inspector exercising any function under thissection may be accompanied by one or more medicalpractitioners and any such medical practitioners mayinspect the premises and observe, examine and speak withany person apparently residing at the premises; and

(b) a dormitory inspector, in exercising his or her power undersubsection (1)(a) or (c), may also open any ground andremove any flooring and take such measures as may benecessary to ascertain the character and condition of thepremises and of any pipe, sewer, drain, wire or fitting.

(6) Any person asked under subsection (1)(g) or (h) shall be boundto state truly what the person knows of the facts and circumstancesconcerning matters under this Act, except that the person need not sayanything that might expose that person to a criminal charge, penalty orforfeiture.

(7) A statement made by any person asked under this sectionmust —

(a) be reduced to writing;

(b) be read over to the person;

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(c) if he or she does not understand English, be interpreted for theperson in a language that he or she understands; and

(d) after correction, if necessary, be signed by that person.

(8) In this section, “enforcement purpose” means —

(a) ensuring that the provisions of this Act and the regulationsmade under section 34 with respect to boarding premisesoperated as foreign employee dormitories, a code of practiceor standard of performance, and any conditions imposed on alicence or any other consent, approval or authorisation underthis Act with respect to boarding premises operated as foreignemployee dormitories, are being complied with; or

(b) investigating any offence under this Act or any contraventionof or non‑compliance with a provision of this Act or a code ofpractice or standard of performance.

Power to arrest

25.—(1) A police officer or a dormitory inspector may arrestwithout warrant any individual whom the police officer or dormitoryinspector, as the case may be, reasonably suspects is committing orhas committed an offence under section 7.

(2) For the purposes of this section, an officer or a member of a bodycorporate or an unincorporated association or a partner of apartnership who is liable for an offence under section 7 by virtue ofsection 27 is to be regarded as having committed the offence.

(3) A police officer or a dormitory inspector making an arrestwithout warrant must, without unnecessary delay and subject tosubsection (4), take or send the individual arrested before aMagistrate’s Court.

(4) A dormitory inspector must not detain in custody any individualarrested without warrant for longer than is reasonable in thecircumstances, and the period must not in any case exceed 48 hoursexclusive of the time necessary for the journey from the place of arrestto the Magistrate’s Court.



(5) An individual who has been arrested by a police officer or adormitory inspector under this section may be released on bail, or onthe individual’s own bond, by a police officer or dormitory inspector.

(6) The provisions of Division 5 of Part VI of the CriminalProcedure Code (Cap. 68) apply to any bail or bond granted under thissection; and for this purpose, any reference in those provisions to“officer”, “police officer” or “police officer of or above the rank ofsergeant” is to be read as a reference to a dormitory inspector.

(7) Sections 21A to 21G of the Employment of Foreign ManpowerAct (Cap. 91A) shall apply, with the necessary modifications, to anarrest under this section by a dormitory inspector for or in relation toan offence.

(8) In this section, a reference to an offence under section 7 includesa reference to an abetment of, or a conspiracy or an attempt to commit,the offence.

(9) To avoid doubt, nothing in this section affects a police officer’spowers or duties under the Criminal Procedure Code.

Offence of providing false information, etc.

26.—(1) If —

(a) a person furnishes a document, or makes a statement (whetherorally, in writing or any other way) or gives information, tothe Commissioner or a dormitory inspector;

(b) the document, statement or information is false or misleading,or the statement or information omits any matter or thingwithout which the statement or information, as the case maybe, is misleading;

(c) the person knows, or ought reasonably to know, that thedocument is false or misleading, or that the statement orinformation is as described in paragraph (b); and

(d) the document is furnished in, or the statement is made or theinformation is given in, or in connection with —

(i) an application (whether for that person or for another)for a licence or renewal of a licence;

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(ii) a representation requested under section 13 or 14; or

(iii) a question or request of a dormitory inspector undersection 24(1) or (2),

the person shall be guilty of an offence and shall be liable onconviction to a fine not exceeding $20,000 or to imprisonment for aterm not exceeding 2 years or to both.

(2) Subsection (1) does not apply if the document, statement orinformation is not false or misleading in a material particular, or if thestatement or information did not omit any matter or thing withoutwhich the statement or information, as the case may be, is misleadingin a material particular.

(3) A person who refuses to give access to, or obstructs, hinders ordelays the Commissioner or any other dormitory inspector in thedischarge of his or her duties under this Act shall be guilty of anoffence and shall be liable on conviction to a fine not exceeding$10,000 or to imprisonment for a term not exceeding 12 months or toboth.

(4) It shall not be an offence under subsection (3) for any person torefuse to comply with any request, demand or order made or given bythe Commissioner or any dormitory inspector who fails to declare hisoffice and refuses to produce his or her identification card on demandbeing made by that person.

Offences by bodies corporate, etc.

27.—(1) Where an offence under this Act committed by a bodycorporate is proved —

(a) to have been committed with the consent or connivance of anofficer of the body corporate; or

(b) to be attributable to any neglect on the officer’s part,

the officer as well as the body corporate shall be guilty of the offenceand shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by itsmembers, subsection (1) shall apply in relation to the acts and defaults



of a member in connection with the member’s functions ofmanagement as if that member were a director of the body corporate.

(3) Where an offence under this Act committed by a partnership isproved —

(a) to have been committed with the consent or connivance of apartner; or

(b) to be attributable to any neglect on the partner’s part,

the partner as well as the partnership shall be guilty of the offence andshall be liable to be proceeded against and punished accordingly.

(4) Where an offence under this Act committed by anunincorporated association (other than a partnership) is proved —

(a) to have been committed with the consent or connivance of anofficer of the unincorporated association or a member of itsgoverning body; or

(b) to be attributable to any neglect on the part of such an officeror a member,

the officer or member as well as the unincorporated association shallbe guilty of the offence and shall be liable to be proceeded against andpunished accordingly.

(5) In this section —

“body corporate” includes a limited liability partnership whichhas the same meaning as in section 2(1) of the LimitedLiability Partnerships Act (Cap. 163A);

“officer” —

(a) in relation to a body corporate, means any director,partner, member of the committee of management, chiefexecutive, manager, secretary or other similar officer ofthe body corporate and includes any person purportingto act in any such capacity; or

(b) in relation to an unincorporated association (other than apartnership), means the president, the secretary, or anymember of the committee of the unincorporatedassociation, or any person holding a position

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analogous to that of president, secretary or member ofthe committee and includes any person purporting to actin any such capacity;

“partner” includes a person purporting to act as a partner.

Composition of offences

28.—(1) The Commissioner may compound any offence under thisAct which is prescribed as a compoundable offence by collecting fromthe person reasonably suspected of having committed the offence asum not exceeding the lower of the following:

(a) one half of the amount of the maximum fine that is prescribedfor the offence;

(b) $5,000.

(2) On payment of such sum of money, no further proceedings are tobe taken against that person in respect of the offence.

(3) All sums collected under this section are to be paid into theConsolidated Fund.

PART 5

MISCELLANEOUS

Foreign employee dormitory deemed to be public place

29. Every foreign employee dormitory is deemed to be a publicplace for the purposes of section 18 of the Miscellaneous Offences(Public Order and Nuisance) Act (Cap. 184).

Service of documents

30.—(1) A document that is permitted or required by this Act to beserved on a person may be served as described in this section.

(2) A document permitted or required by this Act to be served on anindividual may be served —

(a) by giving it to the individual personally;

(b) by sending it by pre‑paid registered post to the addressspecified by the individual for the service of documents or, if



no address is so specified, the individual’s residential addressor business address;

(c) by leaving it at the individual’s residential address with anadult apparently resident there, or at the individual’s businessaddress with an adult apparently employed there;

(d) by affixing a copy of the document in a conspicuous place atthe individual’s residential address or business address;

(e) by sending it by fax to the fax number last known to theperson giving or serving the document as the fax number forthe service of documents on the individual; or

(f) by sending it by email to the last email address of theindividual.

(3) A document permitted or required by this Act to be served on apartnership (other than a limited liability partnership) may beserved —

(a) by giving it to any partner, secretary or other like officer of thepartnership;

(b) by leaving it at, or by sending it by pre‑paid registered post to,the partnership’s business address;

(c) by sending it by fax to the fax number used at thepartnership’s business address; or

(d) by sending it by email to the partnership’s last email address.

(4) A document permitted or required by this Act to be served on abody corporate (including a limited liability partnership) or anunincorporated association may be served —

(a) by giving it to the secretary or other like officer of the bodycorporate or unincorporated association, or the limitedliability partnership’s manager;

(b) by leaving it at, or by sending it by pre‑paid registered post to,the registered office or principal office in Singapore of thebody corporate or unincorporated association;

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(c) by sending it by fax to the fax number used at the registeredoffice or principal office in Singapore of the body corporate orunincorporated association; or

(d) by sending it by email to the last email address of the bodycorporate or unincorporated association.

(5) Service of a document under subsection (1) takes effect —

(a) if the document is sent by fax and a notification of successfultransmission is received, on the day of transmission;

(b) if the document is sent by email, at the time that the emailbecomes capable of being retrieved by the person to whom itis addressed; and

(c) if the document is sent by pre‑paid registered post, 2 daysafter the day the document was posted (even if it is returnedundelivered).

(6) This section does not apply to documents to be served inproceedings in court.

(7) In this section —

“business address” means —

(a) in the case of an individual, the individual’s usual or lastknown place of business in Singapore; or

(b) in the case of a partnership (other than a limited liabilitypartnership), the partnership’s principal or last knownplace of business in Singapore;

“last email address” means the last email address given by theaddressee concerned to the person giving or serving thedocument as the email address for the service of documentsunder this Act, or the last email address of the addresseeconcerned known to the person giving or serving thedocument;

“residential address” means an individual’s usual or last knownplace of residence in Singapore.



Protection from personal liability

31. No liability shall lie against the Commissioner, a DeputyCommissioner for Foreign Employee Dormitories, an AssistantCommissioner for Foreign Employee Dormitories or any otherdormitory inspector for anything done or intended to be done withreasonable care and in good faith in the execution or purportedexecution of this Act.

General exemption

32. The Minister may, by order published in the Gazette, exemptany person or class of persons from all or any provisions of this Act,either generally or in a particular case and subject to such conditionsas the Minister may impose.

Jurisdiction of courts

33. Notwithstanding any provision to the contrary in the CriminalProcedure Code (Cap. 68), a District Court or a Magistrate’s Courtshall have jurisdiction to try any offence under this Act and shall havepower to impose the full penalty or punishment in respect of theoffence.

Regulations

34.—(1) The Minister may make regulations necessary orconvenient to be prescribed for carrying out or giving effect to thisAct.

(2) In particular, the Minister may make regulations for any of thefollowing:

(a) classes of licences;

(b) the form and manner in which, and the time within which, anapplication for a licence or an application to renew a licencemay be made, and the information and evidence required tobe provided in connection with such an application;

(c) the carrying out of probity checks of applicants for a licence,and of individuals who are or are proposed to be a manager ofboarding premises operated as a foreign employee dormitory;

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(d) the duties of licensed operators in connection with operatingforeign employee dormitories;

(e) the appointment, duties and qualifications of managers ofboarding premises operated as foreign employee dormitories,including but not limited to the maximum number of suchpremises in respect of which the manager may be appointedas manager;

(f) standards to be observed and facilities to be provided inboarding premises operated as foreign employee dormitoriesto prevent overcrowding, for the maintenance, cleanliness,water supply, sanitation and hygiene of the premises, andgenerally in connection with the health, safety and well‑beingof foreign employees residing at such premises;

(g) a standard form of occupancy agreement, for use for differentclasses of boarding premises operated as foreign employeedormitories, occupancy agreements or parties and theenforceability of occupancy agreements that are not in thestandard form, except that the terms of standard forms ofoccupancy agreements must not apply to occupancyagreements entered into before the regulations for thosestandard forms took effect;

(h) the fees to be paid in respect of applications for and the grantand renewal or late renewal of any licence, and otherwise inconnection with the administration of this Act, and thewaiver, reduction or refund of fees charged;

(i) the records that are to be kept by licensed operators andmanagers of boarding premises operated as foreign employeedormitories and the provision of returns and other informationwith respect to such premises.

(3) In particular, the Minister may, for the purposes of the definitionof “boarding premises” in section 2(1), make regulations —

(a) prescribing that the buildings, structures or facilities of aspecified or described nature, or adapted or designed in aspecified or described way, are to be regarded by the



Commissioner under section 2(2) as a single complex ofpremises in the administration of this Act; or

(b) prescribing criteria by which it is to be determined by theCommissioner under section 2(2) whether buildings,structures or facilities are to be regarded as a singlecomplex of premises in the administration of this Act.

(4) In particular, the Minister may, for the purposes of the definitionof “occupancy load” in section 2(1), make regulations —

(a) prescribing the criteria by which the Commissioner is todetermine the occupancy load of any premises; and

(b) adopting or incorporating by reference, any number —

(i) contained in or prescribed by or under any written lawas in force at a particular time or from time to timerelating to maximum occupancy of boarding premises;or

(ii) contained in or specified by any agreement,permission, approval, authorisation or otherdocument (by whatever name) made with, issued orgranted or to be made with, issued or granted, to aproprietor or an operator of boarding premises relatingto its maximum occupancy by a public authority.

(5) Regulations made under this section may —

(a) prescribe the offences under this Act which may becompounded;

(b) provide that any contravention of any provision of theregulations shall be an offence punishable with a fine notexceeding $50,000 or with imprisonment for a term notexceeding 3 years or with both; and

(c) provide for such transitional, savings and other consequential,incidental and supplemental provisions as the Ministerconsiders necessary or expedient.

(6) All regulations made under this section are to be presented toParliament as soon as possible after publication in the Gazette.

NO. 3 OF 201544


Transitional and savings provision

35.—(1) Despite anything in this Act —

(a) a person who, on the date of commencement of this Act, isoperating boarding premises as a foreign employeedormitory; and

(b) a person who, on the date of commencement of this Act, haswritten permission under the Planning Act (Cap. 232) todevelop (within the meaning of that Act) any land as a foreignemployee dormitory,

may continue to operate those boarding premises as a foreignemployee dormitory, or develop and operate that land as a foreignemployee dormitory, as the case may be, for 6 months after that date,and if, within that period, the person applies for a licence under Part 2,the person may continue to do so until the earlier of the following:

(i) the date on which the Commissioner issues a licence to theperson;

(ii) the date that the application for a licence is finally refused or iswithdrawn.

(2) For a period of 2 years after the date of commencement of thissection, the Minister may, by regulations, prescribe such additionalprovisions of a savings or transitional nature consequent on theenactment of this section as the Minister may consider necessary orexpedient.

(3) Except as expressly provided in this section, this section shallapply without prejudice to section 16 of the Interpretation Act(Cap. 1).



foreign employee dormitories act 2015 (no. 3 of 2015) · 2015-11-29 · 1. this act may be cited as...

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